This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R8411 JD-F
By: Talton H.B. No. 3389
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal of the charge in certain misdemeanor
traffic cases in which the defendant takes appropriate and timely
corrective measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.404, Transportation Code, is amended
by adding Subsections (f) and (g) to read as follows:
(f) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge brought under Subsection (a) if
the defendant remedies the defect before the defendant's first
court appearance; and
(2) assess an administrative fee not to exceed $20
when the charge is dismissed.
(g) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge brought under Subsection (b) if
the defendant establishes that:
(A) the vehicle was issued a validation insignia
for the license plates before the date of the offense; and
(B) the registration insignia was attached to the
vehicle before the defendant's first court appearance; and
(2) assess an administrative fee not to exceed $20
when the charge is dismissed.
SECTION 2. Section 502.407(b), Transportation Code, is
amended to read as follows:
(b) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge of driving with an expired motor
vehicle registration if the defendant:
(A) remedies the defect before the defendant's
first court appearance [not later than the 10th working day after
the date of the offense]; and
(B) establishes that the fee prescribed by
Section 502.176 has been paid; and
(2) assess an administrative fee not to exceed $20
[$10] when the charge is dismissed.
SECTION 3. Section 502.409, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge brought under Subsection (a)(3),
(5), (6), or (7) if the defendant remedies the defect before the
defendant's first court appearance; and
(2) assess an administrative fee not to exceed $20
when the charge is dismissed.
SECTION 4. Section 521.026, Transportation Code, is amended
to read as follows:
Sec. 521.026. DISMISSAL OF EXPIRED LICENSE CHARGE. [(a)] A
justice of the peace or a municipal court judge having jurisdiction
of the offense may:
(1) dismiss a charge of driving with an expired
license if the defendant remedies the [this] defect before the
defendant's first court appearance; and
(2) [within 10 working days.
[(b) The judge may] assess the defendant an administrative
fee not to exceed $20 [$10] when the charge [of driving with an
expired driver's license] is dismissed [under Subsection (a)].
SECTION 5. Section 521.054, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge arising from a violation of this
section if the defendant:
(A) remedies the defect before the defendant's
first court appearance; and
(B) establishes that any fee required by
Subsection (e) has been paid; and
(2) assess an administrative fee not to exceed $20
when the charge is dismissed.
SECTION 6. Section 521.221, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge of driving in violation of a
restriction under this section if:
(A) the restriction was imposed:
(i) because of a physical condition and
that condition was surgically or otherwise medically corrected
before the date of the alleged offense; or
(ii) in error and that fact is established
by the defendant; and
(B) the restriction is removed before the
defendant's first court appearance; and
(2) assess an administrative fee not to exceed $20
when the charge is dismissed.
SECTION 7. Section 547.004, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) A justice of the peace or municipal court judge having
jurisdiction of the offense may:
(1) dismiss a charge of an equipment violation brought
under this chapter if the defendant remedies the defect before the
defendant's first court appearance; and
(2) assess an administrative fee not to exceed $20
when the charge is dismissed.
SECTION 8. Section 548.605(b), Transportation Code, is
amended to read as follows:
(b) The court shall:
(1) dismiss a charge of driving with an expired
inspection certificate if:
(A) the defendant remedies the defect before the
defendant's first court appearance [within 10 working days]; and
(B) the inspection certificate has not been
expired for more than 60 days; and
(2) assess an administrative fee not to exceed $20
[$10] when the charge is dismissed [of driving with an expired
inspection certificate has been remedied].
SECTION 9. (a) The changes in law made by this Act apply
only to an offense committed on or after January 1, 2006.
(b) An offense committed before January 1, 2006, is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before January 1, 2006, if any
element of the offense was committed before that date.
SECTION 10. This Act takes effect January 1, 2006.